domenica 23 aprile 2017

Statement from The Committee for the Defence and Release of Saibaba

Posted by admin on April 22nd, 2017

The
Committee for the Defence and Release of Dr GN Saibaba expresses its
shock and dismay at the judgment delivered on March 7, 2017, by the
Court of Sessions Judge at Gadchiroli District (Maharashtra) in the case
of State vs Mahesh Tirki and others convicting all the six accused
under various sections of the Unlawful Activities (Prevention) Act, 1967
and 120-B of the Indian Penal Code. While five of the accused – Mahesh
Tirki, Pandu Narote, Hem Mishra, Prashant Rahi, and GN Saibaba – were
awarded the maximum sentence under the relevant provisions (i.e.,
imprisonment for life), one accused – Vijay Tirki – was awarded a ten
year sentence of rigorous imprisonment.
Although a conviction by the trial court is but the first ordeal in
the long winding legal process, the conviction itself comes as a bolt
from the blue for all those who have been following the developments of
the case, which was built on flimsy grounds, bolstered with concocted
evidence and tutored witnesses, and burdened with shoddy investigation
and procedural lapses. It was only to be expected that the whole edifice
would come crumbling down. However, the sessions judge thought
otherwise.
Many legal minds have already analysed the judgments and pointed out
the glaring loopholes and legal infirmities. The Committee has also come
out with its own critique of the judgment. The most worrisome aspect of
the judgment is that it sends the ominous message that there is no
space for dissent in our times. The judgment repeatedly points out how
wrong it was for Dr GN Saibaba and others to hold certain views that
were in opposition to that of the State and the dominant groups. It is
ironic that even while holding that these six people are so dangerous
that they should be incarcerated for a major part of their lives, the
827 page judgment fails to point out even a single instance of violence
that these people have been conspirators in or lent logistic support to.
It is a pity that the judiciary that should buttress the rights and
liberties of the citizens become not just a silent spectator of the
infringement of the rights, but become an active collaborator in the
ushering in of a totalitarian regime.
Although all the six who have been convicted are facing hardships and
fighting inclement weather and adverse conditions in the prison cell,
Dr GN Saibaba’s case needs a special mention not only due to his 90%
disability, but also due to his failing health conditions. In fact, just
before the judgment was delivered, Saibaba was hospitalized and was
undergoing treatment for gall bladder stones. Apart from the chronic
issues with his heart and high blood pressure, Saibaba was also
suffering from acute gastric condition resulting in cardiac condition
along with palpitations.
It was indeed the prolonged incarceration in the anda cell as an
under-trial that worsened his condition to this level. Now, even before
he could fully recuperate the judgment has been delivered, and we fear
that given the dismal track record of the Nagpur jail authorities in
caring for his health, his life is in real danger. In an utterly callous
manner, the trial court refused to pass any order instructing the jail
authorities to give adequate medical care to Saibaba, in spite of the
fact that it is on record how inhumanly the jail authorities had treated
him earlier. The High Court and the Supreme Court had even censored the
jail authorities and given strict instruction to give him proper
medical care.

In connection with this glaring miscarriage of justice and against
the convictions of GN Saibaba, Mahesh Tirki, Pandu Narote, Hem Mishra,
Prashant Rahi and Vijay Tirki, a press conference was organised on 20th
April 2017 in Press Club of India. Various academic luminaries and
intellectuals along with family members of GN Saibaba and Hem Mishra
addressed the gathering. Stressing the clear lack of evidence of any
form of association or involvement in violence against all six of the
convicted, complete reliance on electronic evidence by the Sessions
Court Judge,
Dr Hany Babu introduced the press conference by laying out bare the
peculiar nature of the case where the sessions judgement himself stopped
short of exterminating them by declaring that his hands were tied by
law which did not permit him to deliver a judgement beyond life
imprisonment. Bypassing all loopholes and contrasting statements
provided by the police, they have been punished for merely upholding a
thought .In such an instance of gross violation of justice,
Dr Hany Babu emphasised that the judgement is not just a conviction
of Prof Saibaba and five others, but it puts all democratic values on
trial. It is an attack on all sections of intellectuals, teachers and
students who espouse and cherish the value of ideas, progressive thought
and dissent. Hence, there is a need for a cross-section of teachers and
students to come together to speak up against the stifling of voices in
universities and space across the country.
The chairperson of the Committee for the Defence and Release of Dr.
GN Saibaba, Prof Haragopal addressed the gathering by reminding everyone
that the case of Prof Saibaba was similar to the trial of Dr. Binayak
Sen. Further, he insisted that this case is not confined to only the six
convicted individuals, but democratic values have been put at stake.
Adding that people were persecuted for their ideas in the medieval
times, and that such a judgement in a modern democratic framework echoes
something extremely troubling.
He urged that this judgement reflects democracy on death bed in which
our ideas and thoughts will be persecuted and stifled. Quoting the
Kothari Commission, he emphasised that the function of a university is
to critically assess the manner in which society lives. As professors
and teachers, it is these values and opinions about the nature of
society and life that are discussed in classrooms. But this judgement
strikes at the very core of this right to exchange ideas and values.
Hence, he appealed to the press and all who had gathered to come
together to mobilise against the increasing instances of stifling of
dissent and curbing of democratic values. Adding that a judge should
always be driven by constitutional laws, he said that role of the
judiciary is to check the functioning of the executive and ensure the
executive does not become despotic.
But, if the judiciary itself starts bypassing its role, then it
points towards a dying democracy. Addressing the press, another member
of the Defence Committee and editor of Mainstream Weekly, Sumit
Chakraborty, shared his thoughts on earlier judgements delivered by the
Supreme Court which declares that no individual can be punished for mere
association with an outlawed organisation. He concluded by highlighting
the need to mobilise and come together in huge numbers to speak about
our right to expression and the need to galvanise public opinion about
the travesty of justice that clearly emanates from this judgement.
The next speaker, Pankaj Tyagi, was one of the lawyers who helped
draft the comprehensive critique of the judgement. He elaborated on
loopholes and the weakness of the prosecution’s arguments. He further
explained the manner in which police and the state had already tailored
and planned a case and conviction since the first day of abduction and
arrest of three individuals, Hem, Mahesh and Pandu in August 2013.
Alongside, the critique of the judgement titled, When the Prosecution’s
Case Becomes the Onus of the Judge, was released as a booklet in front
of the press.
Hem Mishra’s father addressed the gathering by speaking about his
experience with the case for the last three years. Questioning the very
nature of this democracy, he asserted that in this “democracy”, freedom
is only for the ruling classes and the marginalised people and those who
stand with their struggles are being persecuted. He further appealed to
all progressive and democratic sections to mobilise among the people to
raise concerns about the political climate in the country where all
forms of dissent are being criminalised.
Another member of the committee, Prof N Sachin directed attention
towards the conditions in Delhi University where there has been a
conspiracy of silence with respect to Prof Saibaba’s case which raises
questions about the deteriorating political climate all around us. DUTA
President and member of Defence Committee, Prof Nandita Narain,
expressed her concerns about the deteriorating health conditions of Prof
Saibaba and the urgent need for medical treatment. Stressing on Prof
Saibaba’s witch hunt within Delhi University, she further spoke about
the increasing legitimisation of rigwinght forces in university
campuses.
What cannot be overlooked is the alarming disparity between various
judgements that have come in recent times where those against whom there
are clear evidences of instigating mob violence, engineering riots and
blasts were acquitted by higher courts. The same judiciary has now
punished people with life imprisonment for merely upholding an idea.
Challenging the judgement, she stated that the life imprisonment of a
90% disabled person is a clear attempt to murder that person by the
ruling political dispensation. Finally, Vasantha, Prof Saibaba’s partner
spoke about the conditions in prison which has adversely impacted
Saibaba’s health even during his previous incarceration. Despite that,
the judge and jail officials have not taken his medical emergency into
consideration.
Explaining the bizarre manner in which the judgement unravelled after
a lengthy trial riddled with loopholes, unsealed recovery, and
misrepresentation of facts by police, she argued that the judgement
seems to have held Prof Saibaba and others responsible for the lack of
“development” in Maharashtra! She spoke at length about what this
development means and raised questions regarding the nature of such
“development” and who it is for,
She added that this development is anti-people and the most
marginalised sections of adivasis have organised against this form of
anti-people development. It is evident that the government is hence
targeting all those individuals, activists and intellectuals who are
allying with people’s demands and against the present policy of
development. She emphasised that it is precisely because of Prof
Saibaba’s unrelenting stand with peoples’ movements and voicing opinions
against Operation Green Hunt that he along with others have been
convicted.
The Committee calls upon all democratic minded individuals and
organisations to join hands and fight against injustice meted out to Dr
GN Saibaba and the five others who are convicted. It should be noted
that one person, Prashant Rahi is a journalist, another (Hem Mishra) a
student, and three others are adivasis. The legal process will
definitely take its due course.
In fact, the appeal against the Sessions Court judgement has already
been filed in the Nagpur Bench of the Bombay High Court and the records
have been called from the trial court. Apart from pursuing the legal
struggle, the Committee proposes to hold public meetings and other
programmes and solicit your active participation and active cooperation
in building a public opinion against such gross violation of our
fundamental freedoms. In standing for the demand for acquittal of all
the six we ensure our fundamental freedoms as well!
Chairperson- Prof Haragopal
Contact- 981197116, Dr Hany Babu